S.Sivakumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.07.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.NO.1025 OF 2021 S.Sivakumar .. Petitioner Vs.

1.

The Superintendent of Police Vellore, Vellore District 2.

The Inspector of Police Katpadi Police Station Vellore District 3.

K.Mani .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the 2nd respondent to produce the person or body of the detenue S.Mahalakshmi, D/o.S.Sivakumar, aged about 19 years, from the illegal custody of the 3rd respondent before this Hon'ble Court and set her at liberty.

For Petitioner : Mr.D.Ajith Kumar For R1 and R2 : Mr.R.Muniyapparaj Government Advocate (Crl. Side)

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that, his daughter viz., Mahalakshmi, aged about 19 years, went missing from 05.06.2021 and that police are not taking effective steps to secure her. It is his further allegation that, she is in the illegal custody of the 3rd respondent.

2. On instructions, Mr.Muniyapparaj, learned Government Advocate (Crl. Side) submitted that, on a complaint given by the https://hcservices.ecourts.gov.in/hcservices/

petitioner, a case in Katpadi P.S.Crime No.284 of 2021 has been registered on 06.06.2021 for "woman missing" and during the course of investigation, it came to light that Mahalakshmi was in love with the 3rd respondent and they got married at Tirupathi on 08.06.2021 and have gone to Goa.

In such view of the matter, this Habeas Corpus Petition is closed with a direction to the 2nd respondent police to secure the detenue viz., Mahalakshmi in Crime No.284 of 2021 and produce her before the Judicial Magistrate, Katpadi, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to her custody.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gya To 1.

The Superintendent of Police Vellore, Vellore District 2.

The Judicial Magistrate Katpadi 3.

The Inspector of Police Katpadi Police Station Vellore District 4.

The Public Prosecutor High Court, Madras H.C.P.No.1025 of 2021 PMK(CO) CS/29/07/2021 https://hcservices.ecourts.gov.in/hcservices/